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Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ssistant Attorney General with him), instructed by Md. Nawab Ali, Advocate-on- Record — For the Respondent. Civil Review Petition No. 08 of 1994. (From the judgment and order dated 23-11-1993 passed by this Court in Civil Petition for Leave to Appeal No. 78 of 1992). ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......legally constituted, though the report has not been made public no fault can be found in the exercise of power by the President under article 134 of the constitution and as such there is no ground for review………………(8) Lawyers Involved: ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....-Record — For the Appellant. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 678 of 1994. (From the Judgment and order dated August 7, 1994 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 58 of 199......ive Appellate Tribunal it appears that the impugned order of dismissal of the petitioner from service was set aside as a major penalty of dismissal was imposed without giving any second show cause notice to the petitioner. Consequently, he was reinstated in service but the financial benefits wer...... Judgment June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduc..Category: Administrative Law | Date: | Hits: 144
....structed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner.
Not represented — the Respondents.
Civil Petition for Leave to Appeal No. 282 of 1991.
(From the Judgment and order dated May 31, 1991 passed by the Administrative Appellate Tribunal in Appeal No. 51 of 1989)
Jud......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......is dismissed.
The Administrative Tribunals Act, 1981 (VII of 1981) Section 4
The Civilian Employees in Defence Service (Classification, Control & Appeal) Rules, 1961
A case is not ripe for consideration by the Administrative Tribunal until the Appellate Authority passes an order on a ..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993). Ju......nking upon which the learned Judge of the High Court Division has held that the alleged charges were not proved beyond all reasonable doubt. In arriving at such finding, the learned Judge has also noticed that the prosecution could not prove that the accused, respondent had withdrawn the alleged......endment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the case against the accused beyon..Category: Criminal Law | Date: | Hits: 59
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....h the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 passed by the High Court Division in Writ Petition Nos. 1139 and 1140 of 1997). ......ssion, could grant only the right of occupation of the land, and, therefore, the agreement was not a lease but an agreement for leave and licence to use the land for the termination of which no notice, or a reasonable notice, was required.” The Ministry of Agriculture and Fi......ructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioners (In both the petitions). Not Represented — the Respondents (In both the petitions). Civil Petition for Leave to Appeal Nos. 130 and 131 of 1998. (From the Judgment and order dated 30-10-97 p..Category: Employment/Service Law | Date: | Hits: 85
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....ocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). Jud......o the re-employment of an officer after regaining his health after invalid pension. But the said rule has no legal application to Janata Bank employees. Administrative Appellate Tribunal failed to notice that re-employment is not legally permissible under the Rules of the Bank. ……&......... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a government servant, Rule 389 BSRS Part I provides that ..Category: Administrative Law | Date: | Hits: 148
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
.... Ali, Advocate-on-Record—For the Petitioners. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the High Court Division in Criminal Appeal No. 2159 of 1995 with Jail Appea......rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......yers Involved: MA Wahab Miah, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record—For the Petitioners. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 91 of 1998. (From the judgment and order dated 18-3-98 passed by the ..Category: Criminal Law | Date: | Hits: 54
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....ure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the complaint on the date of securing attendance of the accused persons for whose arrest warrant was issued on complain......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......1, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the complaint on the date of securing attendance of the accused persons for w..Category: Criminal Law | Date: | Hits: 61
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....jadul Huq, Advocate- on-Record—For the Petitioners. Not represented — The Respondents The Civil Review Petition No. 52-55 of 1997. (From the judgment and order dated 10 June 1997 passed by the Appellate Division in Civil Order No. 39 of 1994) Judgment ....... The Government resisted them on the plea that the petitioners, purchasers from the original owner, who was duly notified under section 5(1a) and 5(3) of the Act, were not entitled to any further notice. 4. The High Court Division allowed the writ petitions and directed fresh service of......and others .............Respondents Judgment November 8, 1998. The Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 5(1a) (3) Review may be granted only for sufficient grounds akin to those of Order 47, rule 1 of the Code of Civil Procedure. The court ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....ondent. Civil Appeal No. 25 of 1997. Judgment Mustafa Kamal J.- This appeal by leave by the respondent-appellants is from the judgment and order dated 7-8-96 passed by a Division Bench of the High Court Division in Writ Petition No. 335 of 199......at in a Cabinet meeting dated 22-5-83 the Government of Bangladesh formulated a policy to the effect that the 3rd and 4th class employees would not be transferred from one place to another. Having noticed that the policy was being violated the Establishment Division by a Notification dated 10-9-...... fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of service. If there is any violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires one to ta..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t. Sirajul Huq, Senior Advocate instructed by Md Aftab Hossain, Advocate-on-Record — For the Respondents. Criminal Appeal No. 3 of 1994. (From the Judgment and order dated 16-8-90 passed by the High Court Division in death reference case No. 1 of 1989 with Criminal......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......s sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22)..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by the High Court Division in Writ Petition No. 6717 of 1997). Judgment ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Petitioner. B Hossain, Advocate-on-Record — For the Respondent. Civil Petition for leave to appeal No. 296 of 1998. (From the judgment and order dated 8-12-97 passed by th..Category: Employment/Service Law | Date: | Hits: 77
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....uiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 4591 of 1995......ovember 1996 disapproved the reduction of the amount of prompt dower and restored the decree as passed by the trial Court. 3. In course of the hearing of the matter the High Court Division noticed that the defendant- husband had filed an application to the Chairman of the Local Union Co......ip;………(5) Lawyers Involved: MG Bhuiyan, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 1165 of 1998. (From the judgment and order dated November 26, 1996 ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....ocate-on-Record — For the Appellant. SK Sinha, Advocate, instructed by Md Sajjadul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 46 of 1997 (From the Judgment and order dated 27-2-97 passed by the High Court Division in First Miscellaneous Appeal No. 23 of 1996). J......y injunction on untenable grounds. 7. The only material question for consideration in this appeal is, whether an order of temporary injunction can be granted by a civil Court in respect of a sale notice published under Article 34 of the BSRS Order, 1972 in view of the embargo put under Article 3......ing temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is ava..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....dash; For Respondent Nos. 2-4 (In both the Appeals). Ex-parte — Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. (From the Judgment and Order dated 23-6-94 passed by the High Court Division in Writ Petition No. 1617/91 (Dhaka)/Writ Petition ......4 ½ hours, unless they work for more than 48 hours a week, the IRO cases are misconceived and not entertainable at all and ought to have been dismissed and the High Court Division failed to notice that aspect of the case and illegally upheld the judgment of the Labour Court and discharged......hour fixed by settlement is the normal working hour and any extra hour of work beyond the settled and stipulated working hour will be overtime work and the manner of calculating overtime allowance for overtime work will be governed by section 9 of the Shops and Establishment Act, 1965 read with ..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
.... the Respondents. Civil Petition for Leave to Appeal No. 69 of 1999. Judgment Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order dated 14-1-99 passed by the Admiralty Court of the High Court Division in Admiralty Suit No.112 of 1...... Officer of the vessel who also certified about the damaged and lost cargo, the Admiralty Court erred in relying on the survey conducted by the defendant respondents surveyor unilaterally and without notice to the plaintiff. 6. The Admiralty Court has taken note of the fact that the Master and Ch......, 1912, Rules 23 and 31 Above rules are enabling provisions and do not in any way circumscribe the discretionary jurisdiction of the Admiralty Court either to reduce or enhance the bank guarantee for release of the ship arrested in a suit claiming damages amounting to more that Taka ten crore by..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....onvenience of the informant- party should not be a ground for transferring a session’s case from one district to another district. 5. In making the Rule absolute by judgment and order dated 27-10-98 a Division Bench of the High Court Division found that it will be most inconvenient ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ...... November 22, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 The High Court Division can suo motu transfer a sessions case. The informant merely informed the High Court Division with his application the state of circumstance con..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....osing the only contention raised in this petition it will be sufficient to notice that the petitioner-State by filing Writ Petition No. 5228 of 1996 unsuccessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing the s......n for Leave to Appeal No. 584 of 1998. Judgment ATM Afzal CJ.- For the purpose of disposing the only contention raised in this petition it will be sufficient to notice that the petitioner-State by filing Writ Petition No. 5228 of 1996 unsuccessfully challenged......ed: B Hossain, Deputy Attorney-General, instructed by Md Sajjadul Huq, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 584 of 1998. Judgment ATM Afzal CJ.- Fo..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
.... Sircar Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 3. Civil Appeal No. 46 of 1993. (From the judgment and order dated 11 November 1991 of the High Court Division in Writ Petition No. 498 of 1987) Judgment B......pose; and that the administrative order of the Government was not within the scope of interference by the court. 8. Mr. Md. Serajul Huq, learned Counsel for the appellant, submits, first that the notice issued under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948 and t......Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Res..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....sain, Advocate-on-Record- For the Petitioner. Sharifuddin Chaklader Advocate-on-Record— For the Respondent. Civil Appeal No. 23 of 1996. (From the Judgment and Order dated 25 July, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 44 of 1986). ......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title de..Category: Property Law | Date: | Hits: 75
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